RACING CLUB’S CLAIM.

Taranaki Herald, Volume LXVIII, Issue 16822, 21 August 1920, Page 4

RACING CLUB’S CLAIM.

GATES SUPERVISOR SUE®. VERDICT FOB DEFENDANT, NEW TRIAL GRANTED. The hearing of the claim by the Egmout Racing Club (Mr. T. Neave) against -Martin Hendrickson, for £lO4 Bs, moneys alleged to have been received by defendant as part of the gate I takings at the February'mooting of the club, and unaccounted for by him to . the club, was continued in tbo Supreme i Court on Friday afternoon, before bis - Honour Air. Justice Salmond and a jury • of four, of which Mr. W. Mountford . was foreman. Under cross-examination by Mr. i Spratt, the secretary of the club (Mr. V. B, Stratton) admitted that there had been trouble on previous occasions in connection with tho moneys. Mr. Crighton had carried out tho duties which Hendrickson did at meetings previous to February. Witness was not awaro that Crighton’s reason for not taking up tho work at the February mooting was on account of trouble there had been at other meetings. Counsel pointed out that he did not suggest that either witness or Air. Crighton wore in any way responsible for the trouble referred to. A lengthy examination was gone through as to tho club’s methods generally in handling it's cash at race meetings in an endeavour to show that there was a certain looseness, -Witness did not check Hendrickson’s cash in any way. John Gray, vice-president of the Racing Club, deposed to the interview with defendant in the secretary’s office on the day after tho races, when ho was questioned as to tho missing money. No satisfaction could be got from him beyond a remark to tho,effect that it looked very serious for him. Arthur 1 lay, bank teller, gave evidence as to the hanking of the money i by Hendrickson on tho morning of the j second day’s races, David L. Smith, another teller, gave evidence as to the banking of tbo second day’s receipts. Frank Gordon Hancock, who was engaged as a gatekeeper and had the lawn i gate at tho February meeting of tho club, said be banded in £B3 IBs on the I first day and £6O 19s on the second day. Henry James Edwards, gatekeeper at the horse gate, deposed to paying in £Bl Bs, plus £lO change, for tho first clay’s taking at the February meeting. Air. Spratt, in opening tbo defence, said there-was no denial of tho fact that defendant had received the moneys in question. It was .submitted that there were two grounds of defence, and it could not be said actually which was tho true defence, but defendant Fold ; that the moneys had been handed over to tho secretary or that defendant’s duties had boon such ns to require him to leave tho moneys in a place of peril and that lie could not be held responsible for what happened to the money during such time. Air. Spratt referred to tho statement of claim, in so far ns it referred to tho duties of defendant, who was required to account for tho moneys either to tho secretary of tho club or to tbo bank, and said that by handing tbo money over to tho secretary in his office at the conclusion of the day’s racing ho had sufficiently accounted for tho money so far ns the terms of his engagement were concerned. If anything happened to tho money between that time and the time.of banking the next morning the defendant could not be held responsible for that. While the question of fraudulently misappropriating the money did not come into consideration, it being a purely civil action, Air. Spratt pointed out that such proceedings as in the present case were rarely taken, before a police inquiry had been made into tbo circumstances. As a matter of fact the defendant had particularly asked that a police inquiry should ho made hut, although tho police bad been acquainted with tho happening, no action had been taken. Defendant, in evidence, said he was a salesman in the employ of tho Farmers’ Co-op, Society at Elthnm. Ho had no previous experience of the work ho did for the Racing Club at the February meeting. Ho detailed the method of going out to and receiving the moneys from the gatomen, and stated that the cash was put into small canvas bags, one for gate receipts and one for change, from each gate. Those small bags were put into two brief bags. This was done m tho secretary’s office, in which there was no receptacle for tho brief bags. Bank slips were made out for the

amounts in each hag of gate receipt money. Witness left the course about 5 o’clock in the afternoon, after handing over llio bags to the secretary, who was tcld that the cash balanced, and witness saw nothing -of them again until after nine o’ clock the following morning. After the clay’s meeting he made a list of gate takings, comparing those of the. first day r-f the February meeting with the first day of the previous meeting. The, list was given to the secretary. and witness saw it in the office the following afternoon. When he told the secretary of the mistake at the hank and the refund of £47 made by the teller, Mr. Stratton told him to "hang on to it,” as probably a bank slip had gone astray. Therci -was nothing wrong with the banking of the second dav's takings. The letter of the club's solicitor calling upon defendant to account for the money was put in, and also the reply of defendant’s solicitors, which stated that Hendrickson had placed the matter in the hands of the police. Witness said he regarded Air. Gray’s attitude towards him ns an accusation of theft.

Under cross-examination, witness said it never occurred to him when banking the money that ho should have had eight bags to pay in. That only occurred to him in the afternoon, when ho saw the comparative list of gate takings in the secretary’s office: Ho could offer no explanation of the disappearance of the money. It was a complete mystery to him.' Carthago E. Morrissey saiff ho was on the secretary’s staff at the February meeting. The staff and officials of the club had access to the secretary’s office behind the counter. They wont out to ■sec the races, but the office was never left without anyone in it. Hendrickson was not in the cilice all the day Hendrickson rcpcrtc-d the fact to witness that he had .-240 odd in his possession ls from the bank, and ho wanted to sec the secretary as ho could not understand about it.

- Counsel addressed the jury, and his Honour_ summed up, a nd after a4o minutes' adjournment a verdict was given for defendant.

.Mr. Neavo applied for, and was granted, a re-hearing of the ease.